Councilman
Ford believes the Board has a good sense of where the course is and it doesn’t
seem to be changing soon. There is a lot of competition.

Mayor
Green said ideally having another 9 holes would be the best option for the
course. But it’s going to be a slow turn around.

Corey
Berman, citizen, asked if KemperSports would consider subletting out the
restaurant to another group for more profitability. Mr. Catarino advised that
they will consider re-examining the contract. He believes the City needs to
provide direction on the golf course and the restaurant before they can agree
to any contract modifications.

CITIZEN PARTICIPATION (Agenda)

5.Alliance of Port Orange Homeowner’s
Association

Karen
Koch, President of APOHA, informed Council of some upcoming changes and
presented Chief Monahan with a plaque of thanks. They also presented a plaque
to the City of Port Orange.

Vice
Mayor Burnette advised Ms. Koch that Council would like the Alliance to
consider the golf cart issue. Mayor Green thanked Vice Mayor Burnette for
spearheading the initiative.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

Pamela
Landy, citizen, addressed Council regarding an ALF in the residential area of
her neighborhood. She is opposed to an ALF in a residential area. Tim Burman,
Principal Planner, advised Council that the residential home is allowed to have
six (6) people living in it. The ALF has gone through all requirements. He
advised that Florida Statutes and the City Codes allow the ALF in the area. Mr.
Kisela advised that the City is preempted by Florida Statutes.

Corey
Berman, citizen, addressed Council regarding the median. He also said the
banana peels are back again. He complained about the sand running off of the
church parking lot at Lafayette and Herbert.

CONSENT AGENDA

6.Project Manager’s
Report

7.Sole Source Purchase of Telemetry
Control Equipment from Data Flow Systems, Inc. for the Reclaimed Water Plant

Item #9
– Councilman Ford would like to limit the land management services contract to
one year rather than five years with possible extensions. He also believes the
price is high. He asked for details of what’s being spent now.

Shannon
Lewis, Assistant City Manager, provided details of the bid and the scope.

Councilman
Ford doesn’t know why the money is being spent on forest management. Ms. Lewis
advised that Staff looked at bringing the management services in house prior to
going out with the RFP but it was more cost effective to bid it out. Councilman
Ford would like to only enter into a one-year contract rather than a five-year
contract.

Steve
Edgar, Former City Forrester with CPH, advised that most of the cost is
received from the mitigation bank credits rather than the timber itself. There
are reporting requirements. The mitigation bank has made the City a lot of
money.

Vice
Mayor Burnette agrees with reviewing the contract after a year so they can
learn more about the program.

Mr.
Kisela advised that the RFP was posted for five (5) years. The City has the
ability to terminate for convenience.

Mayor
Green asked if Council could negotiate with Mr. Edgar to reduce it to a one
year contract. Ms. Roberts said the question is whether the reduction would
prejudice the bidders by reducing the term. She believes it would be okay if it
is agreeable with Mr. Edgar without prejudicing the bidders.

Mr.
Edgar understands the Contract to read that the City can terminate for
convenience after one year. He believes it would be better to grant to the
five-year contract rather than re-bid it in a year. He does not have upfront
costs invested. He would expect to get paid for work accomplished. He would
like a month’s notice if the City decides to terminate.

Motion to approve a
five-year contract with the revision of the City to terminate with 30 days’
notice and all incurred expenses paid to date was made by Vice Mayor Burnette
and Seconded by Councilman Kennedy.

Councilman
Kennedy agrees with holding a workshop/tour of the property.

Councilman
Bastian would like to also find out more information on the property.

Vice
Mayor Burnette suggests a tour during cooler months.

Motion carried
unanimously by roll call vote.

Item #
15 and 16 – Councilman Ford received a concern from a citizen. He believes the contracts
are open ended and should have cost containment. Ms. Roberts said she will
provide a cost estimate to Council. Councilman Ford would like a clause
included that costs must be approved verbally by the City Attorney prior to
expenditures.

Mayor
Green asked if this agreement is for mediation with Daytona Beach Shores. Ms.
Roberts said yes.

Councilman
Ford agrees to authorize the mediation services with the Shores to include the
changes discussed.

Mr.
Kisela explained the urgency of this issue going to mediation. This is the only
mediator that both parties have agreed on.

Motion to approve Item
#15 and 16 with costs to be approved by the City Attorney was made by Vice
Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by
roll call vote.

Item
17 – Councilman Ford is in agreement with item #17 because it contains the
estimated cost.

Motion to approve
Item #17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Motion carried unanimously by voice vote.

Item
#19 – Mayor Green asked if Vice Mayor Burnette was going to attend the
Conference. Vice Mayor Burnette said yes, he is planning to attend.

Motion to approve Vice
Mayor Burnette as the voting delegate for the Florida League of Cities and Mayor
Green as an alternate was made by Vice Mayor Burnette, and Seconded by
Councilman Kennedy. Motion carried unanimously by voice vote.

Mr.
Kisela provided details of Amendment 11 and how a resident would be able to
obtain the additional homestead exemption.

Mayor
Green believes there are already too many exemptions. The expenses are being
transferred to other residents and the businesses. He believes everyone needs
to pay their way.

Vice
Mayor Burnette believes there will be a limited number of residents who will
qualify for this additional exemption. He believes the citizens voted to
approve the additional exemption and Council should listen to the citizens.

Councilman
Ford is concerned with the fiscal cliff. By lowering this group’s property
taxes, it raises other group’s taxes. He is not supportive of the additional
exemption.

Councilman
Bastian agrees with Councilman Ford. He believes everyone needs to pay their
portion for the services provided to them. He does not support the additional
exemption.

Councilman
Kennedy supports the additional exemption.

John
Thomas, Port Orange Citizen, is bothered by the dissention. He believes this is
the lowest level income citizens and they deserve a break.

Councilman
Bastian is still concerned about the golf course and the YMCA. Mr. Kisela
advised that a discussion will be brought to Council on July 23, 2013 relating
to their finances.

Vice
Mayor Burnette asked how the police department vacancies are going. Jerry
Monahan, Public Safety Director, advised that the police department is at full
staff right now. Vice Mayor Burnette asked for a crime report. Chief Monahan
said the quarterly report is coming soon.

Councilman
Ford is happy with the report.

Mayor
Green believes the YMCA is an asset to the community.

Mr.
Kisela advised Council the budget materials will be provided early next week
for the budget workshop.

Ted
Noftall, citizen, asked what Council plans on doing on July 13 in regards to
the YMCA. Mr. Kisela advised that there are currently no additional monies in
the budget for the YMCA.

Councilman
Bastian asked for an update regarding the project manager’s report showing
monies for the public safety training facility. Chief Monahan advised that the
funds came from the 2006 Bond from the Public Safety project for the shooting
range. He is waiting on the County to enter into an agreement to switch
properties.

Motion to adopt Resolution No. 13-30
was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

Mr.
Kisela advised Council that this item is being brought to provide equity for
permit fees and permit related fees.

Wayne
Clark, Community Development Director, provided details of the Resolution.

Mr.
Kisela provided an example.

Mayor
Green advised that other municipalities have the flexibility when he provides
proof of his construction costs. He spoke with Rob Merrill regarding this item.

Councilman
Ford agrees with the change but has a concern with the wording of the changes.
He is concerned with staffing levels in Community Development and wants to be
sure before cuts are made that the department is appropriately staffed. He is
also concerned with giving any one person authorization. He wants a
verification process. Margaret Roberts, City Attorney, advised that there was
an attempt to do that in the preceding paragraph, i.e.: reasonable estimates,
affidavits of contracting parties. Councilman Ford would like it spelled out
better. Ms. Roberts said if the contractor fails to provide the documentation,
the building valuation data. Mr. Clark understood the change to include both the
contract and the building valuation data with the backup documentation. The
Building Official will have documentation. Mr. Kisela agrees with Councilman
Ford that the language can be written better. The Building Official is not
comfortable with the sole discretion. Ms. Roberts provided some language for
clarification in the resolution.

Vice
Mayor Burnette would like a process where someone in addition to the Building
Official must sign off on the fees. Mr. Kisela agreed to have that oversight.

Councilman
Kennedy wants to be sure the reputation remains good for the building
department. Mr. Kisela doesn’t believe it will be an issue.

Councilman
Bastian asked about legal issues from those who have paid in the past. Ms.
Roberts said this is new legislation and it’s always the legislation that is in
effect at the time of the construction.

Margaret
Momberger, Senior Planner, provided details of the request. Staff recommends
denial of the removal of the tree.

Councilman
Bastian visited the property.

Joy
Miller, Budget Home Sales, representative of the homeowners, addressed Council
regarding the needs of the family. Materials relating to anchoring the home were
provided. The homeowners will replant other trees if required.

Councilman
Kennedy understands the needs of the family but is hesitant to allow the
removal of the tree.

Mayor
Green asked about the set back. He suggested the possibility of a variance to
place the home closer in the front.

Councilman
Bastian believes they need to allow
the removal.

Vice
Mayor Burnette is glad to see someone reinvesting but doesn’t completely want
to see the tree removed. He asked if there are any other options.

Councilman
Ford doesn’t understand why the tree can’t stay with the new home. He commended
Community Development for their recommendation. He does not support the
removal.

Corey
Berman asked if this home could turn into a rental. He wants to see the tree
remain.

Steve
Edgar agrees with the recommendation. He believes the anchors would not damage
the tree.

Motion to approve the removal of the
historical tree was made by Vice Mayor Burnette, and Seconded by Councilman
Bastian. Motion denied 1-4 by roll call vote, with Councilman Bastian voting
yes.

Mayor
Green suggested a straddled sign. Mr. Kisela doesn’t believe the issue with the
sign is damage to the pipes. It is if repairs are needed in the future, the
sign may be destroyed. Fred Griffith, Engineer, said his opinion is that the
spread footer type sign is best. He wants to make sure the sign is easy to be
removed for pipe repairs.

Councilman
Kennedy doesn’t have a problem with the sign. He spoke with the applicant who
agreed to move the sign to the side to lessen the impact on the sewer pipes. He
wants to make sure they understand in the event of an emergency, the sign may
be damaged.

Councilman
Bastian confirmed that there would be no liability to the City. Mr. Kisela said
there would be minimum damage even in an emergency.

Vice
Mayor Burnette has no problem with the sign.

Councilman
Ford has no problem since they are holding the City harmless.

Motion to approve the License Agreement
for Water’s Edge as approved by the City Attorney and City Manager was made by Vice
Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously
by voice vote.

AN ORDINANCE OF THE
CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE III,
SECTION 42-59 RELATING TO LOCATION OF VEHICLES USED FOR HUMAN OCCUPANCY,
ENTERTAINMENT OR PREPARING MEALS, PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING AN INVENTORY LIST OF
MUNICIPAL PROPERTY APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS REQUIRED BY
FLORIDA STATUTES, SECTION 166.0451; FINDING THAT NO CURRENTLY HELD PROPERTY IS
APPROPRIATE FOR AFFORDABLE HOUSING; AND PROVIDING AN EFFECTIVE DATE.

Motion to adopt Resolution No. 13-32
was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

Mayor
Green asked if this establishes more affordable houses. Ms. Roberts said no, there
is a requirement to make the evaluation and report those properties within the
City’s ownership that would meet the affordable housing requirements.

Motion carried unanimously by roll
call vote.

30.Reclaimed Water System Report

Mr.
Kisela advised that Donna Steinebach, Acting Public Utilities Director, is not
in attendance due to a death in her family. She worked with staff to provide
the report. Mr. Kisela’s recommendation to Council is to read the report
several times and ask questions.

Councilman
Bastian is concerned with the augmentation lakes not being utilized to their
potential. He’d like a hard copy and further discussion.

Councilman
Kennedy also wants a hard copy and agrees to having further discussion.

Vice
Mayor Burnette agrees with Mr. Kisela to review the report and come back with
questions and concerns. He suggested a workshop. Councilman Kennedy suggested a
workshop on this and the Wellfield.

Councilman
Ford thanked Ms. Steinebach and Mr. Kisela for the report. The report raised a
lot of questions for him and for Council to consider regarding policies.

Mr.
Noftall agreed with Councilman Ford that Staff should be commended for
releasing the report. He asked what the total product produced in the plant
daily or annually. Mr. Kisela said 90% is being reused.

Mayor
Green doesn’t agree with Mr. Noftall. He suggested everyone look at the full
program. If this one isn’t working, fix it. The river cannot continue to be
destroyed. Mr. Kisela doesn’t believe the report says the reclaimed water
system is a failure.

Councilman
Ford asked that lake expansions be put on hold until there is a plan. Mr.
Kisela said if possible, yes.

CITY ATTORNEY
(Margaret Roberts)

31.City Attorney’s Comments

Ms.
Roberts advised of the subordination agreement request for Jeffrey E. Culpepper.
The bank had a slight modification of an increase of $108, as well as a typographical
error.

Motion to accept the amendment was
made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried
unanimously by voice vote.

Ms.
Roberts advised that the Danus Utilities matter has been set for July 12 in St.
Augustine.

ADMINISTRATION (Greg
Kisela)

32.City Manager’s Comments

Mr.
Kisela reminded that there is no meeting on July 2, 2013. The Budget workshop is
set for July 13 at 8:30 a.m. The next City Council meeting is scheduled for July
16 to include the payroll audit.

Vice
Mayor Burnette reminded all of the July 4th celebration. He met with
Team Volusia; he is pleased with the progress they are making. He asked Mr.
Kisela for an update on the missing dirt. Mr. Kisela advised there were 84
loads of dirt that did not end up in the correct place. Staff is working on a
restitution plan.

Councilman
Bastian would still like to see work done on the medians.

Councilman
Kennedy is still having issues with the fences on Clyde Morris, specifically,
and other major roads. The public right of ways are not being maintained by the
County.

a. City
Investment Committee – Councilman Kennedy reported that there was no meeting
held.

b. Transportation
Planning Organization (TPO) – Councilman Ford reported on the Votran meeting.
The County wants the cities to pay a portion of Votran. He also reported on the
recent TPO meeting relating to the Sunrail project.

c. Library
Advisory – Councilman Bastian reported that the next meeting will be July 11,
2013.

d. Municipal
Firefighters Pension Board – Councilman Ford said there has been no meeting.

e. Municipal
Police Officers Retirement Trust – Councilman Kennedy said there has been no
meeting, but also no reports from the auditor or actuary. Mr. Kisela will
follow up on the reports.

f. General
Employees General Retirement Trust – Councilman Bastian reported on the regular
meeting and the annual member meeting. The plan is solid as of May 31, 2013.

i. Volusia
League of Cities – Mayor Green advised that the next dinner is coming soon.

j. ArtHaus
– Vice Mayor Burnette reported that the art show is going on in City Hall. The
summer art classes are going on now. Fun and Funky dinner honoring Mayor Green
raised a good amount of money.

k. Port
Orange/South Daytona Chamber of Commerce – Vice Mayor Burnette reported Thursday
night is the monthly afterhours from 5-7 at PNC Bank. The luncheon regarding
Spaceport is June 26, 2013 at 11:30 a.m. and is open to the public, lunch is $15.